(The Center Square) – Gov. Greg Abbott criticiized Attorney General Ken Paxton in a brief filed with the Texas Supreme Court related to a lawsuit Paxton filed challenging a legal aid program in Harris County. The program is similar to programs Paxton’s office has funded.
Last November, Paxton sued Harris County officials for allocating $1.3 million of taxpayer money for a legal defense fund that supports nongovernmental organizations representing illegal border crossers. The county has operated the fund for five years and this was not the first time funds were allocated.
Paxton says he sued to “stop the left-wing radicals who are robbing Texans to prevent illegals from being deported by the Trump administration.” The county’s expenditures “serve no public purpose and instead constitute unconstitutional grants of public funds to private entities to subsidize the legal defense of illegal aliens who ought to be deported. The Texas Constitution prohibits governmental entities like Harris County from misusing public funds by giving gifts or conferring private benefits to individuals and groups that do not serve a legitimate public end.”
Paxton filed the lawsuit in District Court for Harris County, which ruled against him last December, denying his request to block the program from operating.
Paxton then appealed to the Fifteenth Court of Appeals, requesting a 15-day deadline to respond ahead of the March 3 primary race. Paxton currently is in a runoff election, challenging incumbent U.S. Sen. John Cornyn.
The court denied his emergency request, arguing he failed to make his case.
“The State has yet to produce proof that despite several years in operation, the program has resulted in any actual harm to residents of Harris County or the state,” the court ruled, adding that the program also didn’t constitute an unconstitutional gift of public funds.
“Texas has long recognized that ‘procuring counsel’ for indigent persons in civil cases ‘is the performance of a needed public service,’” the court stated, citing previous rulings. “The State has not explained why providing counsel to indigents facing federal deportation is unconnected to these programs and concerns.”
In response to the Fifteenth Court of Appeals’ ruling, Harris County Attorney Jonathan Fombonne said the court recognized Paxton’s “claims don’t match the facts. This program has operated responsibly for years and continues to serve a legitimate public purpose. … For several years, providing legal support to immigrants who are trying to ‘do it the right way’ was never a concern to the Attorney General’s Office. That is, until Ken Paxton decided to run for higher office.”
Paxton then appealed to the Texas Supreme Court.
Abbott, a former attorney general and Texas Supreme Court justice, weighed in. He filed an amicus brief with the high court in support of the state’s position, citing Paxton’s rushed timeline for losing so far.
Abbott first criticized the emergency appeal to the appellate court, stating, “For almost five years, Harris County has been re-routing ever-increasing taxpayer funds to private attorneys to help keep illegal aliens in the United States. It is unclear why the Attorney General only recently challenged these payments, seeking an expedited ruling from the Fifteenth Court of Appeals in 15 days.
“Perhaps the Attorney General only recently learned of this program; perhaps the office’s attention was focused elsewhere; perhaps some other factor dictated a desire for a ruling before a particular date. The Governor will not speculate. In any event, this emergency – whether artificial or sincere – predictably compressed review before the Fifteenth Court. Emergency litigation often forces courts to undertake the solemn task of judicial decision-making ‘on a short fuse without benefit of full briefing and oral argument.’”
He also said “any shortcomings in the lower court’s decision here can easily be attributed to the challenges posed by expedited review. As this Court is aware, attempts to move quickly can result in missteps, not only by denying emergency relief but also by granting it.”
Regardless, the case was now before the Texas Supreme Court, which is “tasked with getting the law right,” Abbott said.
He then made his case that taxpayer funds used to fund private attorneys to represent someone else violates the Texas Constitution. He also argued “it is not a legitimate public purpose to bankroll opposing government efforts to enforce immigration laws.”
Critics argue the same could be said of taxpayer money Paxton’s office has allocated for similar legal defense programs, including awarding a $15,000 grant to Grassroots Leadership, according to a Texas Comptroller open records search. The nonprofit ran an “ICE Out Of Austin” program at the time.
From 2016 to 2022, Paxton’s office also awarded American Gateways 67 grants totaling $252,539, according to state comptroller data. The organization provides legal services to illegal foreign nationals, including training on how to not comply with U.S. Immigration and Customs Enforcement.
